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06/23/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June 23, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Roll call was taken by the Deputy Clerk as follows: Councilmember Cartwright Councilmember Chang Councilmember Childs Councilmember Clauson Councilmember Lucarelli Councilmember Putaansuu Mayor Pro-Tern Ashby Mayor Matthes Present Present Absent Present Present Present Present Present Staff present: Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Deputy City Clerk Fernandez, Office Assistant II Floyd, and City Attorney Morris were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Gerry Harmon spoke about the special meeting scheduled for next week regarding impact fees and noted every citizen within City limits is a stakeholder. Vivian Henderson voiced her concerns about Kitsap Regional Coordinating Council and Puget Sound Regional Council. Vance Vaught thanked Mayor Matthes on behalf of the Port Orchard American Legion Post 30 for his leadership provided to the Post and citizens during two of their recent events. Matt Murphy, Executive Director of the Chamber of Commerce, spoke about the need to revise the sign code; impact fees; and paying attention to the issues and the people in the upcoming election. 3. APPROVAL OF AGENDA Minutes of June 23, 2015 Page 2 of 8 MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, to add agenda item 71 Delegating Authority for Application of Hazardous Mitigation Grant. The motion carried. MOTION: By Councilmember Lucarelli, seconded by Councilmember Cartwright, to add agenda item 4F excusing Councilmember Childs from the meeting. The motion carried. MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Checks Nos. 64384 through 64444 totaling $1,084,674,67. B. Approval of the June 9, 2015, Council Meeting Minutes C. Approval of Amendment No. 3 to Contract No. 034-14 with Ambrosini Design for Wayfinding Signs, City Logo, and Marketing Tools Development D. Adoption of a Resolution Declaring Certain Personal Property as Surplus E. Approval of the First Amendment to the Development Agreement with Freestone Bayside LLC for the Bayside Plat F. Excusal of Councilmember Childs MOTION: By Councilmember Cartwright, seconded by Councilmember Clauson, approving the consent agenda as amended. The motion carried. 5. PRESENTATION No presentations were held. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS Minutes of June 23, 2015 Page 3 of 8 A. Adoption of an Ordinance Adopting a Franchise Agreement with Waste Management Services, Inc. for Solid Waste Services Staff Report: City Attorney Morris presented the staff report, noting on July 1, 2005, the City entered in to a 5-year franchise agreement and allowed the parties to extend the agreement twice, the first extension for three years and the second for two years with Waste Management of Washington Inc., for solid waste services. This franchise expires on June 30, 2015. On May 26, 2015, a public hearing was held to address any concerns from the public. Over the last few months staff has negotiated changes with Waste Management staff to the agreement. Staff has provided the final franchise agreement for Council consideration. This represents the last round of negotiations between City staff and Waste Management. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Ashby, to adopt an ordinance authorizing the Mayor to execute a franchise agreement with Waste Management of Washington Inc., for solid waste services as presented. Councilmember Ashby would have appreciated the staff report indicating that their concerns from the last meeting were met. The motion carried. (ORDINANCE 009-15) B. Second Reading and Adoption of an Ordinance Amending the 2015 Budget Staff Report: City Treasurer Martin presented the staff report noted, performed the second reading of the proposed amendments, and the Council Finance Committee recommends adopting the ordinance to amend the 2015 Budget. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, to adopt an ordinance amending the 2015 budget for the City of Port Orchard. The motion carried. (ORDINANCE 010-15) C. Adoption of a Resolution Approving the Six-Year Transportation Improvement Program Staff Report: Public Works Director Dorsey presented the staff report, noting Pursuant to RCW 35.77.010, the City is required to prepare a "comprehensive transportation program for the ensuing six calendar years." The six year Transportation Program ("TIP") is adopted prior to July 1st of every year but may be revised by the City Council at any time (as long as a public hearing is Minutes of June 23, 2015 Page 4 of 8 held). During the annual comprehensive plan update, the TIP is incorporated into the City's Comprehensive Plan. The City Council is considering the adoption of GMA impact fees (as allowed by RCW 82.02.050 through 82.02.090). These impact fees may only be collected and spent for transportation facilities which are addressed by a capital facilities plan element of the City's comprehensive plan (RCW 82.02.050(4)), and for transportation facilities that are reasonably related to new development (RCW 82.02.050(3)). Impact fees cannot be imposed to address deficiencies in transportation facilities serving existing development (RCW 82.02.050(4)(a)). These deficiencies, and the manner in which they will be eliminated within a reasonable period, must be identified in the TIP and incorporated into the Comprehensive Plan. As a result, the City needs to develop a "Project List," which will .be adopted as part of the impact fee ordinance, and be used to determine the impact fee for the upcoming year. This Project List will be updated on an annual basis and will include the transportation facilities listed in the TIP that are reasonably related to new development. It will not include any transportation facilities from the TIP that are needed for maintenance or repair of transportation facilities serving existing development. The City Council held a Public Hearing on June 9, 2015, to hear testimony regarding the Six-Year Transportation Improvement Program (TIP) for the Years 2016-2021. This document must be financially constrained, which means that project funding (either secured or planned) must be realistic based on the City's budget. The City has created a two-tier system for the TIP in which the first tier (reasonably fiscally constrained) will be submitted and the second tier (unconstrained) are the transportation facilities/projects that will be included in the Project List. The City has transportation needs that include upgrading its street and pedestrian facilities and providing maintenance activities on its streets and sidewalks. Federal and State funding, for the most part, is available on a very competitive basis. The City has to look at innovative ways. of funding transportation shortfalls such as forming Transportation Impact Fees (TIFs), Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these improvements or Transportation Benefit Districts. Council Consideration: -MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Lucarelli, to adopt a Resolution adopting the Six-Year Transportation Improvement Program for the Years 2016-2021. The motion carried. (RESOLUTION 014-15) D. Adoption of a Resolution Appointing a New Code Enforcement Officer Staff Report: Development Director Bond presented the staff report, noting Port Orchard Municipal Code Section 2.64.010 requires that the City Council appoint the Code Enforcement Officer by Resolution. The City's current Code Enforcement Officer has retired effective June 19, 2015, and the city has hired a new officer, Douglas Price. He has 17 years code enforcement experience with Lakewood. Minutes of June 23, 2015 Page 5 of 8 Doug Price introduced himself to the Council and said he looks forward to the job. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, to adopt a resolution appointing Douglas Price as Code Enforcement Officer. The motion carried. (RESOLUTION NO. 015-15) E. Approval of a Contract with Port Orchard Independent as the City's Official Newspaper Staff Report: Deputy Clerk Fernandez presented the staff report, noting annually, RCW 35.23.352(7) requires second-class cities to designate an Official City Newspaper. The newspaper shall be of general circulation within that City or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services were published on Friday, May 15, 2015, and May 29, 2015, with bids being received by June 5, 2015. The City received one bid: the Port Orchard Independent. Council Consideration: -MOTION: By Councilmember Lucarelli seconded by Councilmember Putaansuu to authorize the Mayor to execute an agreement with the Port Orchard Independent as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16 and RCW 35.23.352. In response to Councilmember Clauson, Deputy Clerk Fernandez noted the request for proposals was published in the Port Orchard Independent. In response to Councilmember Chang, Deputy Clerk Fernandez said the request for proposals was also on our website, and the Kitsap Sun and the Port Orchard Independent were emailed independently. The motion carried F. Confirmation of Mayoral Appointment to Lodging Tax Advisory Committee Staff Report: Deputy Clerk Fernandez presented the staff report, noting pursuant to Port Orchard Municipal Code 2.22 and State law, the City Council shall review the membership of the Lodging Tax Advisory Committee (LTAC) annually and make appropriate changes by recommendation of the Mayor. The Mayor recommended representatives from the following organizations/businesses to serve on the LTAC, upon Council's acceptance: Minutes of June 23, 2015 Page 6 of 8 • Businesses collecting the tax: Comfort Inn, Cedar Cove Inn, and Mrs. Howe's Bed and Breakfast. • Organization involved in activities: Port Orchard Chamber of Commerce, Port Orchard Bay Street Association, Fathoms O' Fun. Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Clauson to approve the Mayor's appointment of a representative for the Comfort Inn, Cedar Cove Inn, and Mrs. Howe's Bed and Breakfast as businesses required to collect the tax; and Port Orchard Chamber of Commerce, Port Orchard Bay Street Association, and Fathoms O' Fun as organizations involved in activities to serve on the Lodging Tax Advisory Committee. The motion carried. G. Approval of Public Event Application: Tennis Week Staff Report: Deputy Clerk Fernandez presented the staff report, noting Karen Nelson and Starla Franks with the Discovery Montessori School are requesting permission to use City property to hold a summer school event. City departments and the Fire Department have reviewed the application and have submitted their recommendation and comments. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson to approve the public event application from Discovery Montessori School, allowing them to hold their event using City property as presented. The motion carried. H. Approval of Public Event Application: 4th of July Fireworks Show -Food Vendors Staff Report: Deputy Clerk Fernandez presented the staff report, noting Sharron King with Fathoms O' Fun Festival, Inc., has requested use of City property for Saturday, July 4, 2015 to have food vendors down at the waterfront from 4:30 -11:00pm. City departments, the Fire Department, and Kitsap Transit have reviewed the application and have submitted their recommendation and comments. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Cartwright, to approve the public event application from Fathoms O' Fun Festival, Inc., allowing them to hold their event using City property as presented. I. Hazardous Mitigation Program Minutes of June 23, 2015 Page 7 of 8 Public Works Director Dorsey noted the City is pursuing a hazardous mitigation grant application for marina pump station or seawall repairs. The application is due June 29. He received the application tonight requiring his signature. Council Consideration: -MOTION: By Councilmember Clauson seconded by Councilmember Putaansuu, to appoint Mark Dorsey, Public Works Director, as the authorized application agent for the Marina Pump Station Washington Hazardous Mitigation Grant Program Application and Grant. The motion carried. 8. COMMITIEE REPORTS Councilmember Clauson reported the next Finance Committee meeting is July 14, 5:30pm at City Hall. Councilmember Ashby reported the next Economic Development and Tourism Committee is July 13, at City Hall, directly after the Public Property Committee meeting. Councilmember Putaansuu reported the next Utility Committee meeting is next Tuesday, 5:00pm, one hour prior to the special meeting. He also gave a brief update on the Sewer Advisory Committee meeting from last week. Public Works Director Dorsey reported the next Sewer Advisory Committee meeting is August 19 at the South Kitsap Water Reclamation Facility, 6:30pm. Councilmember Cartwright reported the next Public Property committee meeting is July 13. Sharron King, Fathoms O' Fun Festival Inc., gave a brief update on the City's 125th Anniversary Committee. Councilmember Ashby invited everyone on the Council and the audience to attend a reception for Mary McClure on Monday, June 29. Mary was a consultant for KRCC since 1999. 9. MAYOR'S REPORT Mayor Matthes reported this week is clean up week and gave a brief update on the events happening this weekend in downtown Port Orchard. 10. REPORT OF DEPARTMENT DIRECTORS Minutes of June 23, 2015 Page 8 of 8 Public Works Director Dorsey reported on the semi -annual flushing and semi-annual cleanup; wrapping up the Marina Pump Station restroom modification; Bethel paving; and the Bay Street Segment No. 4 is now out to bid . City Treasurer Martin presented a moment in history to the council from 1890. Development Director Bond reported on a major Supreme Court decision that came down last week regarding sign codes. 11. CITIZENS COMMENTS Councilmember Ashby said citizen comments are very important; however, the Council functions under Robert's Rules of Order, which stipulates citizen comments are not a discussion period , and Councilmembers are to refrain from speaking during this portion of the meeting. Gail Porter, Chaplain for Port Orchard Post 30 Legion Post, spoke to the council about flag etiquette in the Council Chambers. Sharron King, Fathoms O' Fun Festival, Inc. said she would donate a free simulator ride to City Treasurer Martin for wearing a Fathoms O' Fun pin . 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 8:01 p.m. No other action was taken .